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HomeMy WebLinkAboutD-2359 '.' ..' RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91006 88-- 371737 RECORtlED IN OFFlCIAl RECORDS RECORDER'S OFFICE LOS ANGELES COUNlY CALIFORNIA MIN. lOA M, Mjl,R l}8 1988 p (./. COVEN GREEMENT ACKNOWLEDGING DISTANCE LIMITATIONS REGARDING HORSES FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION receipt of which is hereby acknowledged, WESTCO LAND INC. A CALIFORNIA CORPORATION hereinafter referred to collectively as "Covenantors", hereby declare they are the owners of that certain real property located at 1427 Linda way in the City of Arcadia, County of Los Angeles, State of California, legally described as follows: Lat 8, Tract No'. 44524, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 1091 Page 46 of maps in the office of the Los Angeles County Recorder. all of which aforedescribed is hereinafter referred to collectively as the "Affected Land" hereby agree and covenant with the City of Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee") on behalf of and for the benefit of the Covenantee's land, which is the public street and right- of-way adjacent and contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land, as follows: 1. That those horses kept, maintained and located on property surrounding the Affected Land within six (6) months of the time that building permits are issued for the new main dwellings on the "affected land" may be kept, located, and maintained within one hundred (100) feet but not less than thirty five (35) feet from any main dwelling, new guest house, or addi tion to the new dwell ing or guest house. Thi s Covenant affirms the allowance of non-conforming uses as set forth herein. It is understood that if the use, keeping and maintenance of horses on surrounding property is abandoned, no horses on surrounding property are permitted unless they are maintained, kept and located in excess of one hundred (100) feet from any dwelling or building as set forth above. The terms "maintained," "kept" and "located" shall include housed, tethered, riding and pasturing. Covenantors shall take no action inconsistent with or in any way counter to the rights of surrounding property owners or users as set forth herein. 2. If this Covenant and Agreement is breached by Covenantors or their successors or assigns, Covenantee is hereby authorized to bring an action in a court of competent jurisdiction to enforce this Covenant and Agreement. In the event of such legal actions, Covenantors or their successors or assigns shall be liable for the reasonable attorney's fees of Covenantee. That in addition to other remedies available by law to the Covenantee to enforce this Covenant and Agreement, if this Covenant and Agreement is breached, the City of Arcadia may revoke its approval action involving subject property. 3. Cavenantors agree to notify in interest in Affected Land (Disclosure to all purchasers) their assignees of this Covenant and and successors Agreement. CAT. NO. NN00737 TO 1945 CA, (8-84) (Corporation) STATE OF CALIFORNIA COUNTY OF Los Angp 1 p~ March 14, 1988 } ~, t .. ~ .. x .. .. L ~ 01" ~~ ~ TICOR TiTlE INSURANCE j a Notary Public in and for t~-~g :.~.1, {~ ~.7, I · I . I I .. "~" OFFICIAL SEAL 1 "y ,-lA':', GEORGIA L MEEHAN ::~~(".... ~':-.. ~ Notc.ry Public-California ,r "i\\.~,;':-i:~,' Principal Office In t ,~""'."-"7 Los Anseles County ; C:~5:t~l- My Comm. Exp. Apr. 19. 1990 t ., I II. II :.00' i C '~.+->1iI1 a, 0...... t (This area for official notarial sean "0 l' " jJ 4. This Covenant a,nd Agreement is for the benefit of tLe Covenantee and its heirs, successors and assigns and is for the benefit of and shall insure to the benefit of all the Benefitted Land and the heirs, successors and assigns of the owners af the Benefitted Land, and this Covenant and Agreement shall run with the land and shall be binding upon the heirs, successors and assigns of the Covenantors, and may be released in writing by the Cavenantee. 5. The City of Arcadia in its capacity as Covenantee and in its capacity as the legal representative of the residents of the City of Arcadia and more particularly as the legal representative of all the owners of the Benefitted Land is hereby authorized to enforce the provisions of this Covenant and Agreement. 6. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantors have executed instrument on the date shown opposite their signatures. this "COVENANTORS" WESTCO LAND INC. A California Corpartion Dated: 5~/L{-88 ~~~~ George . wygar' ., Pre _nt > ., ,'" '. "COVENANTEE" City of Arcadia BYg:~~~ City Manager Dated: .5'-/~ -&f APPROVED AS TO FORM: 88~ 371737 !!1;:!/! M!f!P- City Attorney -2- , .I ..